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HomeMy WebLinkAboutOrdinance 1625 ems* FORM No. 14." , � I AN ORDINANCE. ASSESSING A PORTION OF THE COST OF IMPROVE➢ZENT ON__$AST__Fi0_JVELL__STA$,FT_-___---., IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE East________-LINE OF---------Ekes._JB_trEat--------------------_, AND ITS INTERSECTION WITH THE -___-Writ---------LINE OF_-------..YSri ---------------__ AGAINST THE OWNERS OF PROP- ERTY ABUTTING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAILWAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, Heretofore, the City Council of the said City directed the improvement ------3AST___M.4'ML__SMKT------------between its intersection with the--------_Eaat---------line of___zP1"____ -------Str-2Ct---------with its intersection with the-----Wjazt______-------line of----$¢ang__AvenA@____, by rais- ing,- g,..gradAg, and.paving the same; and, WHEREAS, In accordance with said resolution, specifications for said work were duly prepared by the City Engineer, and adopted by the City Council; and, WHEREAS, Bids for said improvements Were duly advertised for, as required by the City Char- ter; and, WHEREAS, Said bids were.received, opened and considered by the City Council, and the bid of --------MiGH $__EX INEERING.-MUPAHY-----------------_______- for the improvement of the said portion of said Street, was accepted by said City Council;and, WHEREAS, The said__3IGM---E.RG1,NEEAIN.G__QOJ2ANY._____-_-has entered into a contract with the City of Fort Worth,as provided by the Charter,for the improvement of said street,within the said limits by raising, grading, and filling the same and by passing the same kith___2mi_ m_h__H0.t__ 1zvd_ ----litneatnne._Rns k.__$ephalt----pavement with....J5._-in0h(1.Qnar2t_E---------------------foundation; and, WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc- tion and maintenance thereof, in accordance with the said contract, and specifications, with surety as required by the said City Charter, which contract and bonds with the surety thereof, have been duly approved by the said City Council; and, WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the(City Council concerning the said improvements, and the cost thereof, as provided by the Charter of the City,which statement was considered by the City Council, corrected and approved; and, WHEREAS, Thereafter the said City Council did, by resolution find and declare the necessity of assessing a portion of the cost of said improvements against the owners of the property abutting there- on, and owners of street and steam railways thereon and their property and did prescribe a hearing of the said owners, their attorneys, and agents and fixed a date therefor and did direct the said Secre- tary of the said City to issue notice of the said hearing by advertisement, as provided by the said City Charter, and also by posting said notices as provided therein; and, WHEREAS, In accordance with the said resolution, the City Secretary did issue a notice of the said hearing to the said owners and all interested parties by publication thereof, for the time and in the manner prescribed by the City Charter, in------_---Yort__lnrth.AeCQTd_.Telegx an................... a daily paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to the said hearing, and did also notify the said'owners of the said hearing by posting a copy of the said notice to each of them, at the post office, in the City of Fort Worth, Texas, more than ten days prior to the date of the hearing; and, WHEREAS, The said hearing in accordance with the said resolution and notice was held by the City Council on the...I&th------day of----.----0(7T0M--------------_--, 192-- ----, at_-9y__0---o'clock---------$__M., at which time and place----------____........ w.,.. .. _........ _. ,. .,. - --•--•------------------ -------•---- - .............. ......------ ----------------------------------------------------•--• •------- --------•----------------------------------- ............................................------- ---------------------—----•----------­__.--....... � �.•__. owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. NOW, THEREFORE, Be it further adjudged and ordained by the said City Council, as follows, to-wit: (1) That the special benefits to each parcel of abutting property hereinafter mentioned in the enhanced value of said property by mean of said improvements exceed in each case the amounts here- inafter assessed against such property and the owners thereof and the said City Council having con- sidered the evidence and it appearing therefrom that the apportionment and assessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits re- ceived by and burdens imposed upon such owners, and said apportionment is hereby adopted. (2) That there is, and shall be, assessed against the several parcels of property hereinbelow de- scribed and against the ownerthereof as their proper pro rata part of the cost of the said improve- ments,-the several sums of money set opposite the description of the respective parcels of property. The name of the said owners, as far as known, and descriptions of the parcels of property, and the total amount in money hereby assessed against each parcel of property and the owner�,thereof being as follows, to-wit: Paving Assessment for EAST POWELL STREET, from the East line of Epes Street to the ^lest line of Evans Avenue -------- Fort Worth Texas. Contract Awarded: 5-1-29. Price Bid. Contractor:Hughes Engineering Co. Pavement,per sq.yd.-$2.00 Pavement:2"H.M.Limestone Rock Asphalt. Curb, per 1in..ft.--- .35 Gutter, per sq.ft.-- .25 For Combined Curb and 24"Gutter, per linear foot ---------- .69 For Earth Excavation, per cubic yard ---------------- ---- .3 or Nook E aav tion per cub c X&r RAwL FM TOTAL N A M E LOT BLK. ADDITION FNTG. F3T.FT. COST J.W. McDonald-------l05 7 HYDE PARK 50-'t-43.26086 4163.0 . T.L. Black----------16b 7 " 50-1t. " 163.04 Estate, J.C.Hill,deod., rs.Adina Hill, sure. wife,an undivided i interest, Kate Nelson Hill an undivided 1/4 interest, and Agnes Hill Lord, wife of W.E.LDrd,an undivided 1/4 interest--------167 7 50-ft. ^ 163.o4 J.R. Black----------169 & west 12-ft. of------169 7 " 62-ft. " 202.17 Estate of J.C. Hill, decd., Mrs.Adina Hill, , surv.wife, an undivided/l Kate Nelson Hill an un- divided 1/4 interest,& Agnes Hill Lord, wife of W.E. Lord, an undi- vided 1/4 interest-- East 12-ft. of-----169 & all of-------------170 7 " 62-ft. " 202.1 S.F. Colvin---------171 7 n 50-ft. " 163. J.M. ling-----------172 7 50-ft. " 163.04 Helen Irwin, for her own separate & sole benefit and use-----173 7 " 59-ft. " 163.o4 H,M. Bradley--------174 7 ^ 50-ft. 163 o4 W.L. Francisco------1755 7 " 50-ft. " 163.04 Walter J. Stovall---17b 7 n 50-ft. " 163.04 H.W. Thompson-------319 12 " 50-ft: " 163.o4 Edward J. Hooks, et ux, iamie Hooks--------320 12 " 50-ft. " 163.o4 E.D. Mabe et ux, Pearl Mabe----------321 12 n 50-ft. ^ 163.04 James T. Hallan et ux, Jewell L. Hallan----322 12 „ 50-ft. " 163.04 J.R. Black---------- 2j 12 '� 50-ft. ^ 163.04 J.R. Black---------- 2�F 12 " 50-ft. " 3.04 J.R. Black------- --32r� 12 50-ft. fl 163.04 Sam Ford-------------32b 12 n 50-ft. tt 163.04 J.B. Kilpatrick-----327 12 " 50-ft. " 16 ,o4 Mrs.Parlee McEachern-328 12 " 50-ft. " 16J.04 J.R. Black, record owner, sold under con- tract of sale to Mrs. M.A. Prosser--------329 12 ^ 50-ft. " 163.o4 Wm.F. Thornburgh----330 12 " 50-ft. " 163.04 Jno. J. Martin------331 12 50-ft. 163.04 J. Clinton Lee et ux, Nellie M. Lee_-----.332 12 " 50-ft. " 163.o4 Minnie I. Baker, record owner, sold under con- tract of sale to R.M. Johnson & wife, Lydia Johnson-------333 12 50-ft. 163.o4 'Y.F. Brown & wife, xertrude Brown------334 12 50-ft. " 163.04 P e #2 - EAST POWELL STRUT.r 'i'0_AT. Minnie I.Baker, re- cord owner, sold under contract of sale to J.L. BAKER'S REV.OF / Ringrose----------3 12 335 - 336 HYDE PARK 86.5-ft.$3.26056 s.D. Henry-------337 13 HYDE PARK 70.5-ft. " 230.57 S.D. Henry-------335 13 " 50-ft. " 1b3.04 Ella Allison-----339 13 " 50-ft. 163.04 Amy Allison Vander- griff, as her own separate estate--340 13 " 50-ft. 163.04 Mrs. Ina Wheeler, a widow----------341 13 " 50-ft. " 163.o4 Myrtle Jenkins, as her sole & separate Property--------342 13 " 50-f t. " 1'63.o4 J.R. Black--- ---343 13 " 50-ft. " 1163,04 W.M. Lawrence-�---344 13 " 50-ft. �' 163.04 W.M. Lawrence-=- -345 13 50-ft. " 163.04 J.R. Black, unre- corded deed, sold under contract of sale to C.A, McDonald---------346 13 " 50-ft. " 163.04 B.B. Loughry record owner, sold under contract of sale to R.S. Jordan------347 13 " 50-ft► 163.04 Mrs. M.L. Yates-- 4S 13 It50-fti " 163.04 C.N. Guinn-------349 13 " 50-ft. " 163.o4 John L.Massingale» 50 13 " 50-ft. x 163.o4 H.M. Palmer------351 13 " 50-ft. '� 163.04 Hattie Lemons Smith et vir, Joseph Smith------------352 1 " 50-ft, " 163,o4 H.R. York--------3 3 13 " 50-ft. 163.04 H.F. Burton------147 6 " 50-ft. " 163.04 J.A. 6 n 50-f t. " 16 ,04 Ed B. Chambers---149 6 ` 50-ft, " 163,o4 R.R. Sears-------150 6 " 50-ft. 163.04 L.C. Turner------151 6 " 50-ft. " 163.o4 E.J. Sellers-----152 6 " 50-ft, n 163.o4 W.J. Myrick------153 & East 12-ft. of---154 6 " 62-ft. " 262.17 Estate, J.D.Hill, decd.,Mrs. Adina Hill, surv.wife, an undivid- ed interest, Kate Nel on Hill an undivid- ed interest, & Agnes Hill Lord, wife of W. Lord, an undivided interest--, West 12-ft. of---154 & all of---- .- ---155 6 " 62-ft. " 202.17 ---E.D. Hill 15 6 50-ft. " 16 .o'+ Barnett Xlar-----157 6 " 50-ft. 1633.04 Estate, J.C.Hill, deod. ,Mrs.Adina Hill surv.wife, an undi vided +} interest, Kate Nelson Hill an undivided } interest, & Agnes Hill Lord, rife of W. . Lord, an undivided interest- 15� 6 " 50-ft. " 16 .04 TOTAL COST TO PROPERTY OWNERS ----------------------- 9, 73• 1 TOTAL COST TO CITY OF FORT WORTH ---------------------- 2 000.00 GRAND TOTAL ------------------------------------------5 11, 73• FORM No. 14--Continued. That the amount set opposite the description of property above is hereby assessed against the said property and declared to be a personal liability of the owner thereof, and secured by a lien upon the said property superior to all other liens, claims or titles, except lawful taxes, that the amount payable by each owner, and assessed against his or her property, above, shall be payable as follows, to-wit: In six equal installments, one payable within 30 days after the date of completion of said work and its acceptance by the City, and the remainder in five equal annual installments thereafter,provided that said owners shall have the right to discharge any installment before maturity by payment thereof with accrued interest. That default in the payment bf any installment of principal or inter- est upon said assessments when due as herein provided shall at once mature the whole amount there- of, both principal and interest, which shall at once become collectible without notice. (3) That the said assessments shall bear interest from the date of the said completion and ac- ceptance at the rate of 8 per cent per annum, payable annually, and if not pa4d-when.4ue the said as- sessments and claims of personal liability shall be enforced, either by the sale of such property by the officer and in the manner, as far as applicable, as sales are authorized, to be made for non-payment of City Taxes as prescribed by the City Charter and general laws, or by suit to enforce the said claim of personal liability or lien in any court having jurisdiction. (4) That the City shall issue to the said contractor, for the said improvement assignable certifi- catesagainst said property and the owners thereof, which said certificates shall declare the said sums to be due and payable in installments as herein provided after completion and acceptance of said work, and shall be payable to the said contractor, and shall state the amount due from each property owner, and hereby assessed against his property, and the rate of interest thereon, herein fixed at eight per cent (817c) per annum, payable annually, and each certificate shall recite and declare the fact that the same is secured by a lien against the property of such owner, and personal liability of the owner, and shall describe such property by number and block, or such other description as may identify the same with reference to any other fact recited, and by the name of the owner, and if the owner is not known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide that if the amount therein declared or any installment of principal or interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with accrued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and shall recite that proceedings with reference to such improvements have been made Iin compliance with the terms thereof and the Charter of the City of Fort Worth, and that all prerequisites to the fix- ing of the liens and charge of personal liability; evidenced by such certificates, have been performed. Said certificates shall be executed by the Mayor and attested by the City Secretary with the corporate seal. Said certificates shall provide that the same shall be payable to the City Assessor and Collector of the City, who shall issue his receipt for payment thereon, which shall be evidence of such payment, on any demand for same by virtue of the said certificate,or any independent contract to pay the same, entered into by the owner of property therein described, and shall provide that the City Assessor and Collector shall deposit all sums received by him on said certificates with the City Treasurer, and the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the------ --ZA$T---P =,T,--$Tf=------------------------------CERTIFICATE FUND No.-___ .__--- -- and that whenever any payment may be made to the City Assessor and Collector upon such certificate;it shall be his duty on presentation by the said contractor, or the holder thereof,to endorse said payment there- on, and the contractor or holder of such certificaate'�shall be entitled to receive from the City Treas- urer the amount so paid upon presentation of the said certificate,'credited with the amount paid there- on, and that said endorsement and credits shall be the Treasurer's warrant for making such payment to the said contractor, and that such a payment by the Treasurer shall also be receipted for by the said holder in writing to the said Treasurer,or by the surrender of said certificate;when the principal thereof, together with accrued interest and cost of collection, shall be paid in full. That said certifi- cates may be issued, with coupons thereto attached evidencing the several installments of principal and interest thereof, which coupons shall be executed and attested by the Mayor and City Secretary as are said certificates under the terms hereof, but the signatures of said Mayor and City Secretary at- tached to said coupons may be facsimile signatures stamped,engraved or printed thereon. Upon pay- ment of any installment evidenced by a coupon, such coupon shall be credited by the City Assessor and Collector and surrendered to the City Treasurer as herein provided. Such certificates shall also recite that the City of Fort Worth shall not be liable for the payment thereof, or for any interest thereon„ or for the cost of collecting or enforcing same,but that the said company or holder thereof, shall have the right to collect such certificates as therein provided by the terms vf'the Charter of the City of Fort Worth,and that the said City of Fort Worth shall, whenever demanded by the said Company, or holder of said certificates, fully exercise its charter power to en- force the lien securing the said certificate;and collect the same, but shall not be liable in any manner for failure to so collect or enforee the lien thereof. (5) That this ordinance shall take effect from and after its passage. ORDINANCE /4 Title Date Filed / —__ day of City Secretary